As consequências do erro no reconhecimento de pessoas no processo penal aplicadas a casos concretos

Abstract

The main objective of this work is to demonstrate, through concrete cases, how the process of recognition of people in Brazil has flaws, which can lead to misrecognition, which in turn can lead to imprisonment or even unfair conviction. Through a qualitative research, and going through the basic concepts of the proof in Brazil, the proof evaluation systems and the regulatory principles of this proof, a brief comparative study of the legislation regarding the recognition of people from other countries will be made in order to make an analysis of both positive and negative points of the Brazilian legislation on the subject. After a thorough examination of the legal provision for the recognition of people in the national criminal procedural law, the main doctrinal controversies surrounding the subject will be observed. For instance, the viability of photographic recognition, the right of the accused not to participate in the recognition process, as well as how the phenomenon known as false memories can interfere with the witnesses and victims’ recognition. From example cases of misrecognition of people that occurred in the country, which resulted in the arrest or conviction of innocent defendants, the consequences that this failure in the penal system had on their lives will be examined.